Research On The Commitment Of The Victim

The commitment of the victim as a cause of obstructing the breaks of the law has beenrecognized by most countries of the world. From its long history of development and thenational importance attached to it, we can see the value of the Penal Code. As chinese theoryfield shows few concern on it, and the research on it is not sufficient, usually this theory isonly discussed as a legitimate ground of ultra regulations. The Chinese Criminal Law doesnot make specific provisions on the commitment of the victim, but it is agreed by many of ourcriminal law scholars when it is used as a principle to exclude acts of illegality, merely thereare disputes in the effective establishment of the constituent elements. The criminallegislation of many countries make provisions on the commitment of the victim, even thisproblem is not expressly required by the Chinese Penal Code, it has been applied in judicialpractice. The rationale of its obstructing the breaks of the law is the victims give up theprotection of criminal law on the premise of their right to dominate and dispose of profits donot infringe the public profit. The established conditions of the commitment of the victiminclude the conditions of the victim to make the commitment and the conditions of behaviourof the human, including the capacity of commitment, the authenticity of the meaning, thelimited commitment of personal benefits, the time and manner of the commitment, theconsistent of the act and commitment. Chinese judicial practice in the handling of relatedcases also show its recognition on a certain extent. There are important and positivesignificances to carry out theoretical studies of the commitment of the victim and discuss thelegal basis for the establishment of conditions and the content of the purview to correctlyunderstand the theory of Chinese crime constituting and to improve our criminal justicesystem, to handle cases in the judicial practice correctly and efficiently and to offer a betterprotection on the right of citizens’ own decisions. I hope that the research of commitment ofthe victim can enable the criminal law academics and legislators offer more attentions and concerns on this issue, and ultimately to establish the status of the commitment of the victimin the Criminal Code.